9. Inspector general subpoenas

OKDHS:2-7-9. Inspector general subpoenas

Issued 12-15-17

(a) Legal authority.Section 167.2 of Title 56 of the Oklahoma Statutes (56 O.S. § 167.2) authorizes the inspector general of the Oklahoma Department of Human Services (DHS), when approved by DHS Legal Services (LS), to issue subpoenas in any investigation relating to crimes committed against DHS or crimes committed in the course of any DHS-administered program or Medicaid recipient fraud investigations.

(b) Subpoena requests.

(1) An Office of Inspector General (OIG) commissioned agent may request a subpoena to obtain information, when:

(A) the information is protected by confidentiality laws; or

(B) a person, business, firm, corporation, company, or agency fails to comply with an official request for information.

(2) The OIG commissioned agent submits a subpoena request and supporting affidavit to his or her supervisor for review.

(3) When the OIG commissioned agent's supervisor approves the subpoena request and affidavit, he or she submits both documents to DHS LS for review and approval.

(4) DHS LS reviews the information contained within the subpoena request and supporting affidavit to determine if:

(A) the investigation is within OIG jurisdiction;

(B) the requested information is relevant or material to the investigation; and

(C) there is reasonable suspicion to believe the person to whom the subpoena is issued has access to the information being sought.

(5) When the subpoena request is approved, DHS LS prepares a subpoena and submits it to the inspector general for final review.

(6) When the subpoena request is not approved, DHS LS submits an explanation of disapproval to the inspector general.

(c) Subpoena issuance and approval.

(1) Information included in a subpoena includes, but is not limited to:

(A) the recipient's name;

(B) the type of information requested;

(C) contact information for the person to whom the requested information is to be returned; and

(D) the date by which the recipient must respond.

(2) The inspector general reviews the subpoena request, affidavit, and subpoena to determine if issuance is approved.

(3) When the inspector general approves a subpoena, an agent may attempt subpoena service, per DHS:2-7-6.

(d) Subpoena enforcement. The DHS inspector general, with the assistance of DHS LS, enforces compliance with subpoenas, per 56 O.S. § 167.2.

(e) Subpoena records.OIG retains paper or electronic copies of all inspector general subpoena requests, affidavits, subpoenas, and proofs of service, per DHS Records Disposition Schedules.

Library: Policy